DETROIT EDISON CO. v. F.E.R.C.

No. 02-1013.

334 F.3d 48 (2003)

DETROIT EDISON COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Midwest ISO Transmission Owners, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 8, 2003.


Attorney(s) appearing for the Case

John D. McGrane argued the cause for petitioner. With him on the briefs were Mary Ann K. Huntington and Gregory W. Camet.

Jennifer L. Key argued the cause and filed the briefs for intervenor Southern California Edison Company.

Larry D. Gasteiger, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were Cynthia A. Marlette, General Counsel, and Dennis Lane, Solicitor.

Gregg K. Stepan argued the cause for intervenor Midwest Independent Transmission System Operator, Inc. On the brief were Stephen G. Kozey and Stephen L. Teichler.

Before: EDWARDS, SENTELLE and TATEL, Circuit Judges.


Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Detroit Edison Co. petitions for review of a Federal Energy Regulatory Commission (FERC or Commission) order accepting a tariff filing that allows retail customers to take electric distribution service under the FERC tariff. Because we agree with Detroit Edison that FERC exceeded its statutory jurisdiction by accepting the tariff, we grant the petition for review.

I. Background...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases